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DECISION No

DECISION No. 1254/1999/QD-BGTVT OF MAY 27, 1999 PROMULGATING THE REGULATION ON MANAGEMENT, EXPLOITATION AND USE OF NATIONAL HIGHWAY 51 AND ENSURING TRAFFIC SAFETY THEREON

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

Pursuant to the December 2, 1994 Ordinance on protection of traffic projects;

Pursuant to the Government�s Decree No. 22/CP of March 22, 1994 on the tasks, powers, State management responsibility and organizational structure of the Ministry of Communications and Transport;

Pursuant to the Government�s Decree No. 36/CP of May 29, 1995 on ensuring land road traffic safety and urban traffic order and safety;

In order to manage and exploit to the utmost National Highway 51 and ensure the traffic safety thereon and the safety thereof;

At the proposal of the Director of the Vietnam Road Administration and the Director of the Legal Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on management, exploitation and use of National Highway 51 and ensuring the traffic safety thereon.

Article 2.- This Decision takes effect 15 days after its signing. The Vietnam Road Administration shall have to direct and inspect the execution of this Decision.

Article 3.- The Director of the Ministry�s Office, the Director of the Vietnam Road Administration, heads of other relevant bodies of the Ministry and Directors of the Communications and Transport (Public Works Services) of Ba Ria-Vung Tau and Dong Nai provinces shall have to implement this Decision.

Minister of Communications and Transport

LE NGOC HOAN

REGULATION ON MANAGEMENT, EXPLOITATION AND USE OF NATIONAL HIGHWAY 51 AND ENSURING TRAFFIC SAFETY THEREON

(Issued together with Decision No. 1254/1999/QD-BGTVT of May 27, 1999 of the Minister of Communications and Transport)

Chapter I

GENERAL PROVISIONS

Article 1.- This Regulation prescribes the management, use and exploitation of National Highway 51 after it is upgraded to achieve the basic standards of the grade-I delta road.

Article 2.- Scope of application

All State management bodies, relevant units, all subject participating in traffic on National Highway 51 and people living by its sides shall have to strictly abide by this Regulation.

Article 3.- In this Regulation, the following terms shall be construed as follows:

3.1. "A motor lane" is a course marked off on both sides by two painted lines, broken or non-broken, on which means may run along designated direction. For such a one-way two-motor lane road like National Highway 51, the right motor lane along the direction of travel is the motor lane No.1 (hereafter referred to lane No.1) and the lane to the left of lane No.1 is motor lane No.2. The "rudimentary lane" is designated for rudimentary vehicles and pedestrians, which lies to the right of lane No.1.

3.2. "The median strip" is a strip installed with pre-fabricated concrete slabs (eel) or built into stage with a covering layer or planted grass on top to separate two opposite directions of travel.

3.3. "The edge strip" is a strip built with corrugated iron fence or marked with painted lines to divide between the lanes for motor vehicles and the lane for rudimentary vehicles and pedestrians.

3.4. "The protection corridor" is the area marked off on both sides of the road for the purpose of maintaining the durability of the project, ensuring the safety for transport exploitation and concentrated population quarters along the road.

3.5. "The clearance marker" is the area for which compensation has been made for ground clearance to build the project.

3.6. "The cross road" is the road having intersection with National Highway 51.

3.7. "The rudimentary vehicles" are non-motorized vehicles such as bicycles, pack-bikes, trailer-bikes, carts, cyclos.

Chapter II

EXPLOITATION AND USE

Article 4.- Regulations on the use of motor lanes

4.1. The motor lanes are only reserved for motorized vehicles running along a designated direction.

4.2. The motorized vehicles can only run within the prescribed lanes, not to let wheels run over the longitudinal lane-dividing painted lines, except where they pass each other or make a turn. After passing, vehicles shall have to return to the prescribed lanes.

4.3. Lane No.1 is reserved for trucks, cars, truck tractors, special-purpose vehicles, motorcycles, motorbikes, motorized three-wheelers and slow-speed motorized vehicles.

4.4. Lane No.2 is only reserved for higher-speed car and for passing cars when conditions permit.

4.5. When motorized vehicles running on the road break down, the means operators shall have to find ways to immediately drive the vehicles to the road side and at the same time make a stop signal, then quickly get the car out of the motor lanes so as to avoid affecting traffic as well as traffic order and safety.

Article 5.- Provisions on the use of traffic lane for rudimentary vehicles

All kinds of rudimentary vehicles, pedestrians and animals can only travel on their exclusive lane divided with the motor lanes by the edge strips (corrugated iron fences or painted lines).

Article 6.- Provisions on the use of cross road

6.1. The median strip and the corrugated iron edge strips on the road have openings as prescribed to create exits for motor and rudimentary vehicles as well as pedestrians.

6.2. Motorized vehicles wishing to make U-turns shall have to reach the designated locations (with road signs).

6.3. The pedestrians and animal tenders, when crossing the road, must travel right on the exclusive painted lines and watch over, and only cross the road when they deem safe.

6.4. When National Highway 51 is built with overpasses and/or crossing tunnels, all kinds of vehicles and people shall have to travel on such overpasses or through tunnels when crossing the road.

Chapter III

TRAFFIC ORDER AND SAFETY

Article 7.- Road signs system

7.1. The system of signals, road signs, milestones� must be fully erected along the road. Particularly in population quarters, industrial zones, schools� there must be signboards, lane-dividing painted lines; the paint used for signs on the road must be clear and luminous. The sign-posts must be affixed with luminous boards on top.

7.2. All subjects participating in the traffic on National Highway 51 must abide by the regulations on signals, road signs and painted lines on the road.

7.3. The operators of all kinds motorized vehicles must take initiative in speeding down when receiving signs signaling townships, densely populated areas, cross-roads�

Article 8.- Operators of all means running on branching roads of National Highway 51 must give the priority way to means running on National Highway 51 (except for means with prescribed priority rights). They must stop their means and watch over then join the stream of vehicles on National Highway 51 only if they deem safe.

Article 9.- Provisions on safety on motor and rudimentary means lanes

9.1. The operators of cars and buses must not stop at their own will to pick up or discharge passengers on the motor lanes. They must stop at designated places (with road-signs) outside the motor lanes.

9.2. All kinds of vehicles are prohibited from running in the opposite direction on the designated lanes. The rudimentary vehicles are prohibited from running on the motor lanes and the motorized vehicles from running on the rudimentary vehicle lanes.

9.3. It is strictly forbidden to use the rudimentary vehicle lanes as places to store construction materials, to arrange eateries, refreshment stalls, markets or other activities which affect traffic order and safety.

9.4. It is forbidden to leave unbridled buffaloes, cows and other animals on the road. When they cross the road they must be led by people through the prescribed places.

9.5. It is forbidden to sun-dry rice stalk or straw or any things on the road, the median strip and the edge strips.

9.6. It is forbidden to take advantage of the median and edge strips, marker posts, signboards as places for advertisement, goods display, which hide or harm the beautiful looks of traffic safety works.

9.7. It is strictly forbidden to use the road surface for illegal motor race, practice of driving cars and riding bicycles or motorbikes.

Article 10.- Protection of bridges, roads, traffic safety equipment and environment.

10.1. To strictly ban all acts of causing damage to bridges, roads and traffic safety equipment on the road. Those who commit acts of stealing, disassembling without permission, damaging, shortening the life and limiting the effect of bridges, roads as well as traffic safety equipment shall be handled according to law.

10.2. It is strictly forbidden to destroy the median or edge strips without permission for passageways. It is forbidden to jump over the median strip to cross the road. If the median and edge strips are deemed irrationally arranged, proposals shall be made to the competent bridge and road managing bodies for deciding the closure or opening.

10.3. The traffic environment should be preserved and less polluted. Trucks carrying materials, earth, cobbles, discarded materials� must not let them drop on the road. It is forbidden to let buffaloes, cows and domestic animals defecate on the road. If these occur, the means owners and animal tenders shall have to immediately make the cleaning.

Article 11.- National Highway 51 protection corridor

11.1. The scope of the road protection corridor as prescribed by Decree No. 203/HDBT of December 21, 1992 of the Council of Ministers (now the Government) is 20m from the foot of the road to each side.

11.2. The scope of the corridor already cleared with compensation and erected with boundary markers is 7m from the foot of the road to each side.

11.3. The protection corridor for the road running through urban areas according to the planning approved by the competent level is the street pavements.

11.4. Within National Highway 51 protection corridor:

It is necessary to comply with the provisions in Decree No. 203/HDBT of the Council of Ministers (now the Government).

11.5. Within the corridor already cleared with compensation (with erected 7m boundary markers), all acts of land-grabbing and occupation in any form shall be strictly forbidden. All underground projects must not be built in this area.

11.6. Within the area from the clearance boundary markers (7m) to the road protection corridor markers (20m), the following things should be done:

- All works built before the issuance of Decree No. 203/HDBT must be kept in status quo without any additional building or expansion.

- When the road is broadened by the State, all works must be dismantled to hand over the ground and compensation shall be made.

Chapter IV

MANAGEMENT AND PROTECTION RESPONSIBILITIES

Article 12.- The specialized State management agencies and the local administration of all levels (commune, ward, district, provincial town, province, city) in areas where National Highway 51 runs through shall, according to their respective functions and tasks, have to manage, inspect, supervise and handle all organizations and individuals that violate the regulation as prescribed by law.

Article 13.- Units directly managing National Highway 51 shall have to:

13.1. Well manage and protect the bridge and road system as well as traffic safety equipment already built and completely installed. Compare the completion dossiers with reality for management.

13.2. Work out the time-table for regular or irregular inspection of projects, particularly bridges and sluices, in order to detect any damage or loss and apply measures for repair. Such inspections must be updated in books or computers.

13.3. Strictly observe the regime of repair, overhaul and regular maintenance.

13.4. Strictly observe the regular road patrol regime in order to detect in time acts of violating the regulation. Apply measures to immediately suspend acts of causing damage to traffic safety works or environmental pollution on National Highway 51.

13.5. Closely inspect all oversized and overload vehicles through weighing stations. Resolutely handle violating vehicles through measures of load reduction and/or pecuniary fines.

13.6. Collect bridge and road tolls at tollbooths according to the State�s regulations. Request tollbooths to take appropriate measures in order to create favorable conditions for all commuters and fully collect tolls. Resolutely handle negative phenomena when they arise.

The toll collection must not cause traffic jams.

13.7. Coordinate with functional bodies of the two provinces of Dong Nai and Ba Ria-Vung Tau in propagating and educating people for the observance of the provisions of law as well as regulation on traffic safety on National Highway 51.

Article 14.- Bridge and road managing units shall have to coordinate with agencies and administrations in localities along National Highway 51 in protecting traffic works and managing the road protection corridors according to their territories. More concretely:

14.1. Propagating and educating local people for the observance of the regulation with a view to efficiently using and exploiting National Highway 51 and at the same to ensuring traffic safety for all subjects and reducing traffic accidents on the road.

14.2. Well controlling and handling phenomena of illegal grabbing, occupation and trading of public land for house construction along National Highway 51.

Article 15.- Bridge and road managing units shall have to coordinate with the traffic police in the two provinces of Dong Nai and Ba Ria-Vung Tau, the main force for maintaining traffic order and safety on National Highway 51, in performing the following tasks:

15.1. Conducting patrols, inspecting, detecting and handling violations of traffic rules, particularly vehicles running in the opposite direction or running beyond the prescribed speeds in areas where they must speed down, parking at will, vehicles having no safety equipment.

15.2. Assuming the prime responsibility in hand-ling traffic accidents on the road, quickly clearing the scene so as to minimize impact on traffic flow.

15.3. Joining the traffic inspectors in handling traffic jams on the road, particularly in big industrial zones, schools, churches, or areas where the traffic is busy.

Chapter V

COMMENDATION AND HANDLING OF VIOLATIONS

Article 16.- Organizations and individuals that have high sense of protection and have merits in the management and exploiting traffic works on National Highway 51 shall be commended according the State�s regulations

Article 17.- Organizations and individuals that commit acts of violating the provisions of this Regulation shall be handled according to Decree No. 49/CP of July 26, 1995, supplementary Decree No. 78/98/ND-CP of September 26, 1998 of the Government. In case of serious violations, the violators can be examined for penal liability according to law.

Minister of Communications and Transport

LE NGOC HOAN

APPENDIX

A NUMBER OF PROVISIONS ON ADMINISTRATIVE SANCTIONS AGAINST VIOLATIONS WHICH FREQUENTLY OCCUR ON NATIONAL HIGHWAY 51

(Excerpts from Decree No. 49/CP of July 26, 1995 and Decree No. 78/1998/ND-CP of September 26, 1998 of the Government)

1. Sanctions against violating organizations and individuals

a) Warning or a fine of 20,000 VN dong against pedestrians who have failed to travel on their prescribed road lane or to follow the traffic signals.

b) A fine of 50,000 VN dong for acts of occupying road for market places, goods sale display; letting buffalos cows, horses or other animals run back and forth on the road.

c) A fine of 100,000 VN dong for acts of sun-drying rice stalks or straw, agricultural products, foodstuffs and others on the road; tossing bricks, stones, earth, sand or any other objects at commuters and traffic means.

d) A fine of 500,000 VN dong for acts of storing construction materials or any other objects on the road, thus obstructing traffic; placing or planting booby traps or other pointed objects on traffic road; stretching ropes or placing barriers at one�s own will across the road, thus obstructing traffic.

2. Sanctions against violating operators of motorcycles or motorbikes:

a) A fine of 50,000 VN dong for acts of failing to keep the right lanes; parking or stopping vehicles on the road bed or at places where parking and/or stop are prohibited.

b) A fine of 100,000 VN dong for acts of running the vehicles beyond the prescribed speeds, in the opposite direction; failing to give way to priority vehicles or other vehicles which have made signals asking for passing as prescribed.

c) A fine of 1,000,000 VN dong for acts or zigzagging, swinging or running vehicles on one wheel on the traffic road.

3. Sanctions against violating car drivers:

a) A fine of 100,000 VN dong for acts of failing to keep their vehicles on the right lanes or parking, stopping, avoiding, passing and reversing their cars, or making U-turns, right turns or left turns in contravention of the regulations.

b) A fine of 300,000 VN dong for acts of running vehicles beyond the prescribed speeds; failing to give way to other vehicles which have made passing signals or to vehicle running on the main road; operating trucks carrying earth, sand, construction materials or other types of goods without covers.

c) A fine of 2,000,000 VN dong for acts of fleeing the scene after causing accidents, but not to the extent of being examined for penal liability.

4. Sanctions against acts of causing environ-mental pollution in traffic:

- A fine of 1,000,000 VN dong for one of the following acts:

+ Dropping lubricants or mud on road surface.

+ Persons pulling or pushing carts or carrying things, who let drop earth, sand, garbage or discarded things on the traffic road.

+ Throwing dead animals, garbage or other discarded objects on the road.

5. Sanctions against acts of damaging the traffic environment:

a) A fine of 100,000 VN dong for acts of embanking and scooping water across the road surface.

b) A fine of 1,000,000 VN dong for acts of removing boundary markers of the traffic road at one�s own will.

c) A fine of 2,000,000 VN dong for one of the following acts:

- Stealing or damaging structural components or accessories, thus affecting the traffic safety.

- Illegally drilling or digging traffic road or damaging the water drainage system of the traffic works or making openings through dividing strips at one�s own will.-